Lack of Probate Affidavit

[NA Negrete]

Hi All! 

We are looking for an Attorney or Paralegal that would help our Seller with the "Lack of Probate Affidavit" here in WA. Any recommendations?  

Story of property: We sent marketing to the Decedent (d4$).  His Father called us asking for help. Came to an agreement and signed PSA. Title/Escrow says no probate needed, just a "Lack of Probate Affidavit" that they have provided. We would like to hire an Attorney or Paralegal for the Father. (Decedent was not married, no children. Had his Father (77yrs old) and a Brother who doesn't want anything to do with the property)

Looking forward to hearing from you!

Jodi

[Davido Davido]

@NA Negrete, Hello Neighbors, 

Your post doesn’t mention whether the deceased had a will. If there was a will, that could change requirements in big ways.

“We are looking for an Attorney or Paralegal that would help our Seller with the "Lack of Probate Affidavit" here in WA. Any recommendations?"

This might be quite straightforward.  Why not call around to multiple local law offices, tell them what you want to accomplish and see how much they would charge. Also, I’d take a look at the typical Affidavit. They are pretty simple. https://dor.wa.gov/legacy/Docs/forms/RealEstExcsTx/Lackofprobateaffidavit.pdf

https://d14unckqtezfjx.cloudfront.net/web/files/Lack_Of_Probates_Separate_Property.pdf

You can check the requirements for a Lack of Probate Affidavit. The Washington Administrative Code (WAC), defines those requirements at: WAC 458-61A-202

https://apps.leg.wa.gov/WAC/default.aspx?cite=458-61A-202

One key point about using a Lack of Probate Affidavit, is that the affidavit,

1. Can only transfer the title to true beneficiaries or legal heirs as defined by the Washington Intestacy Statute.

https://www.limitlesslaw.com/2015/04/24/how-to-avoid-probate-with-a-lack-of-probate-affidavit/

That means, if the deceased was not married at the time of death, but ever had any children, -then it is the children who inherit all right to the property.  In such a case, the Washington Intestate Succession Statute would not grant any right to the father of the deceased.  https://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015

https://www.nolo.com/legal-encyclopedia/intestate-succession-washington.html

In WA, the brother inherits the property only if the deceased was not married, has no living children, and no living parents. It would be great if the title company knows all the relevant facts of the family history, but it is more likely that they are responding only to the information that you give them. So do be aware, that the Lack of Probate Affidavit can only transfer to the father of the deceased such title as the Washington Intestate Succession Statute grants a father.

Of course the father can then transfer his rights to you. It’s only a problem if there are heirs who are unknown to you.  So it may pay to do a double check into the family tree.  The father has only as much right to the property as the Intestate RCW (Statute) gives him.  Best wishes.

[Davido Davido]

I've used https://buddbaylaw.com/?refPag...,  Always took good care of me.

[NA Negrete]

Thank you Davido! 

Some wonderful advise. I have done the family tree digging and I believe the Father is the rightful heir, with that being said 
I'm not an Attorney, LOL.  There were no children or wife. Nor a will. 

I will do some more calling. 

Thank you and I'm looking forward to meeting you in person some day soon Neighbor.